PART 3Amendments under section 8(1) of the European Union (Withdrawal) Act 2018
Amendment of the Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 20193
1
The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 20195 are amended as follows.
2
3
In regulation 3 (amendment of the Enterprise Act 2002)—
a
in paragraph (4), for sub-paragraph (b) substitute—
b
in subsection (5A), for “(being bodies or persons designated by the Secretary of State under Article 5(1) of the CPC Regulation) is a CPC enforcer” substitute “is a Schedule 13 enforcer”;
b
after paragraph (9) insert—
9A
In section 218ZA (applications), in subsections (1) and (2), for “Community infringement” substitute “Schedule 13 infringement”.
9B
In section 218ZB (online interface orders), in subsections (1)(a) and (3), for “Community infringement” substitute “Schedule 13 infringement”.
9C
In section 218ZC (interim online interface orders), in subsection (1)(a) and (c), for “Community infringement” substitute “Schedule 13 infringement”.
9D
In section 218ZD (online interface orders: supplementary), in subsection (3), for “Community infringements” substitute “Schedule 13 infringements”.
c
for paragraph (10) substitute—
10
In section 218A (unfair commercial practices: substantiation of claims)—
a
in subsection (1)—
i
for “Community infringement” substitute “Schedule 13 infringement”;
ii
for the words from “Directive 2005/29/EC of the European Parliament” to the end of the subsection, substitute “the Consumer Protection from Unfair Trading Regulations 20088”;
b
in subsection (2A)(b), for “Community infringement” substitute “Schedule 13 infringement”.
d
for paragraph (12) substitute—
12
In section 219A (definition of enhanced consumer measures)—
a
in subsection (2)(a)(ii), for “Community infringement” substitute “Schedule 13 infringement”;
b
in subsection (5)(c), for “CPC enforcer” substitute “Schedule 13 enforcer”.
e
after paragraph (12) insert—
12A
In section 219B (inclusion of enhanced consumer measures etc.), in subsections (4) and (4A), for “Community infringement” substitute “Schedule 13 infringement”.
f
for paragraph (13) substitute—
13
In section 220 (further proceedings)—
a
in subsection (2), for “CPC enforcer” substitute “Schedule 13 enforcer”;
b
in subsection (5A)(b), for “Community infringement” substitute “Schedule 13 infringement”.
g
for paragraph (17) substitute—
17
Omit section 235 (Injunctions Directive) and section 235A (CPC Regulation) (as substituted by the 2020 Regulations).
h
for paragraph (20) substitute—
20
For Schedule 13 (Listed Directives and Regulations) (as amended by the 2020 Regulations), substitute the Schedule set out in the Schedule to these Regulations.
4
In regulation 4 (amendment of the Consumer Rights Act 2015)—
a
in paragraph (4), after “paragraph 4” insert “(as amended by the 2020 Regulations)”;
b
in paragraph (9), after sub-paragraph (d) insert—
da
in sub-paragraph (3A), for “An EU enforcer” substitute “A Schedule 13 enforcer”;
5
In regulation 7 (revocation of orders made under section 212(3) of the Enterprise Act 2002), after sub-paragraph (e) insert—
f
Part 3 (specification of UK law for the purpose of section 212(3) of the Enterprise Act 2002) of the 2020 Regulations.
6
After regulation 7 insert—
Amendment of the Consumer Protection (Enforcement) (Amendment etc.) Regulations 2020 relating to the functions of the Financial Conduct Authority7A
In the 2020 Regulations, omit regulation 5 (Financial Conduct Authority).
7
For regulation 8 (revocation of Regulation (EC) No 2006/2004) substitute—
Revocation of Regulation (EU) 2017/23948
Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004 is revoked.
8
In regulation 9 (post-exit day enforcement of Community infringements: general rule)—
a
in the heading of that regulation, for “Post-exit day” substitute “Post-IP completion day”;
b
in paragraph (1), for “exit day” substitute “IP completion day”.
9
For regulation 10 (post-exit day enforcement of Community infringements: exceptions to general rule) substitute—
Post-IP completion day enforcement of Community infringements: exceptions to general rule10
1
Subject to paragraph (2), a Community enforcer may not, after IP completion day, exercise any function under Part 8 of the 2002 Act.
2
A Community enforcer may continue any proceedings relating to an application to court made under that Part prior to IP completion day.
3
In this regulation, “Community enforcer” has the meaning given by section 213 of the 2002 Act immediately before these Regulations come into force.
4
Regulation 9 does not apply to regulation 3(4)(c).
10
In the Schedule (substituted Schedule 13 to the Enterprise Act 2002)—
a
for paragraph 1 substitute—
1
Sections 9 to 11 of the Supply of Goods (Implied Terms) Act 19739, to the extent that those sections continue to apply to a contract for a trader to supply goods to a consumer by virtue of the saving made, in connection with their amendment by the Consumer Rights Act 201510, by article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 201511.
b
after paragraph 9 insert—
9A
Rules made under sections 137A, 137R and 137T of the Financial Services and Markets Act 200012 which give effect to Articles 10, 11, 13 to 18 and 21 to 23, Chapter 10 and Annexes I and II of Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/201013.
c
after paragraph 10 insert—
10A
Sections 319, 321, 322, 325, 368F, 368G and 368H of the Communications Act 200314.
d
after paragraph 18 insert—
18A
Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air15.
18B
Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations16.
18C
Regulations 2, 4, 13, 15 and 18 of the Business Protection from Misleading Marketing Regulations 200817.
e
after paragraph 20 insert—
20A
Article 23 of Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community18.
f
after paragraph 21 insert—
21A
The Rail Passengers’ Rights and Obligations Regulations 201019.
21B
Regulation (EU) No 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No 2006/200420.
g
after paragraph 22 insert—
22A
Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/200421.
h
i
after paragraph 25 insert—
25A
The Bus and Coach Passengers Rights and Obligations (Designation and Enforcement) Regulations (Northern Ireland) 201425.
25B
The Bus and Coach Passengers Rights and Obligations (Designation of Terminals, Tour Operators and Enforcement) Regulations (Northern Ireland) 201426.
25C
The Civil Aviation (Access to Air Travel for Disabled Persons and Persons with Reduced Mobility) Regulations 201427.